Nagarajan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.915 of 2021 S.Nagarajan ..Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director of Survey, Dindigul District, Dindigul.

3.The Tahsildar, Authoor Taluk, Dindigul District.

4.The Taluk Surveyor, Authoor Taluk, Dindigul District.

5.Vincent Joseph.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the respondents 1 to 3 to correct and rectify the mistake in the Field Measurement Book pertaining to thelands comprised in S.Nos.318/2 and 318/1B of Pillaiyarnatham Village, Authoor Taluk, Dindigul District after making necessary survey by considering the Petitioner's representation dated 29.12.2020.

For Petitioner :Mr.J.Lawrance For Respondents:Mr.D.Sadiq Raja 1 to 4 Spl. Govt.Pleader

ORDER

The Writ Petition has been filed seeking issuance of a Writ of mandamus directing the respondents 1 to 3 to correct and rectify the mistake in the Field Measurement Book pertaining to thelands comprised in S.Nos.318/2 and 318/1B of Pillaiyarnatham Village, Authoor Taluk, Dindigul District after making necessary survey by considering the Petitioner's representation, dated 29.12.2020. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that the above said property was purchased by the Poetitioner from one Selvaganesh and Pandiselvam and he was also granted with patta.The Petitioner has decided to fence the said lands by making survey and marking of the boundary stones through surveyor. Further the Petitioner came to know that the FMB sketch relevant to the Petitioner's above lands were wrongly mentioned. For rectifying the above mistakes and to survey and demarcate the properties, the Petitioner has submitted a representation on 29.12.2020.Since the same was not considered,the Petitioner has filed

this Writ Petition for the relief stated supra. 4.The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the Petitioner's representation will be considered and appropriate orders will be passed, on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above submission, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the Petitioner, dated 29.12,2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

28.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Dindigul District,

Dindigul.

2.The Assistant Director of Survey, Dindigul District, Dindigul.

3.The Tahsildar, Authoor Taluk, Dindigul District.

4.The Taluk Surveyor, Authoor Taluk, Dindigul District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.915 of 2021 28.11.2022